Chapter 9A
FIREARMS SALES
Sections:
9A.5 Same—Duration; nontransferable.
9A.7 Appeal of suspension or revocation.
9A.1 Firearms defined.
The term “firearms” as used in this chapter, includes, but is not limited to, handguns, rifles, shotguns, gas or air guns, springloaded guns and other weapons coming under the definition of firearms as defined in the California Penal Code. (Ord. No. 87-10, § 1, 6-1-87)
9A.2 Applicability.
Private persons selling their own firearms shall be exempted from the purview of this chapter. For the purposes of this chapter, a person selling three or more firearms in any calendar year shall be presumptively deemed to be engaged in the commercial sale of firearms and shall be required to comply with the terms of this chapter. (Ord. No. 87-10, § 1, 6-1-87)
9A.3 General requirements.
No person shall engage in the business of selling, offering for sale, or displaying for sale, or storing preparatory for sale, any firearms within the city limits of Gilroy unless the person has fully complied with all of the following conditions:
(1) The seller shall hold a federal firearms permit and shall meet all the provisions of the Gun Control Act of 1968.
(2) The seller shall comply with all applicable sections of the California Penal Code relating to registration of sales of firearms.
(3) The seller shall have obtained a permit from the chief of police authorizing the storage of firearms within the City of Gilroy. The permit shall be renewable annually and shall be issued only upon a showing that the seller has a federal firearms permit and has taken steps to ensure the safety of his firearms from burglary, theft and fire. The chief of police shall have the right, in conjunction with the building inspector, to require a condition for the issuance of a permit, structural changes to the building in which the firearms are sold or stored, with the structural changes, specifically including, but not limited to, the installation of burglar alarms and other warning devices, to be such as are reasonably related to the purpose of ensuring the safety of such firearms from burglary or theft.
(4) Applicants may be required to submit fingerprints to the California Department of Justice as a part of the background check. (Ord. No. 87-10, § 1, 6-1-87)
9A.4 Permit—Fee.
To be set and adjusted by city council action. The annual fee shall be paid at the time the application is obtained from the chief of police and is nonrefundable. (Ord. No. 87-10, § 1, 6-1-87)
9A.5 Same—Duration; nontransferable.
Permits issued by the chief of police shall be valid for a period of one year from the date of issuance and shall not be transferable from one person to another or from one location to another. (Ord. No. 87-10, § 1, 6-1-87)
9A.6 Same—Revocation.
A permit issued under the provisions of this chapter shall be revoked by the chief of police upon proof to his satisfaction of a violation by the holder of such permit of this chapter, or any ordinance of the City of Gilroy or law of the state regulating or establishing standards for the commercial sale of firearms. (Ord. No. 87-10, § 1, 6-1-87)
9A.7 Appeal of suspension or revocation.
(a) Any such person, whose permit issued under the provisions of this chapter having been so suspended or revoked, shall have the right to appeal to the city council in writing within three (3) days after notification of such suspension or revocation, or within thirty (30) days after denial thereof, and to be heard by the city council with relation thereto at its next regular or regular-adjourned meeting, or at a special meeting of the city council called for such purpose, and the action of the city council upon such appeal shall be final and conclusive with respect to the suspension or revocation of such permit.
(b) In the event that such appeal is taken as provided in subsection (a) of this section, such business or occupation, where such permit has already been granted, shall not be suspended or revoked until the final disposition of the appeal by the city council. (Ord. No. 87-10, § 1, 6-1-87)
9A.8 Violation; penalty.
Any person violating any part of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than three hundred fifty dollars ($350.00) and, for a second conviction, by a fine of not less than five hundred dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. (Ord. No. 87-10, § 1, 6-1-87)